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In the 2008 lawsuit, a copy of which CRN reviewed, TIG in 2007 hired the seven former MTI employees.
Those employees signed employment agreements restricting them from soliciting TIG employees for another employer for a year after leaving the company. The agreements also forbid them from taking trade secrets from TIG or competing against the company by using such trade secrets after they've left the company, according to the lawsuit.
TIG alleged that one of those employees, William Clark Decker, who served as the company's director of engineering services, left TIG "involuntarily and on bad terms," after which he sent voicemails and emails to TIG's Geier containing threats to "bury" Geier and TIG as well as racial slurs.
Decker then allegedly solicited his six former MTI and TIG colleagues and other TIG colleagues to work for Nexus IS "in violation of his employment agreement with TIG and to fulfill his promises to Bruce [Geier] to bury him, bury him n the industry, and to negatively [affect] the business of TIG, and to get back at him for losing his job with TIG," according to the lawsuit.
CRN was unable to contact Decker via email or telephone.
Several of Decker's colleagues were alleged to have also worked as agents of Nexus IS to solicit TIG employees, according to the lawsuit.
Those employees along with Nexus IS were also accused of damaging TIG's business due to "unfair competition" related to the use of TIG's intellectual property.
Geier told CRN that among the evidence that surfaced from discovery in preparing for trial was Nexus IS's having a copy of every proposal ever made by TIG.
Those proposals, which had been copied to a thumb drive that was in Nexus IS's possession, filled over 100 boxes when printed out, Geier said.
Prior to hiring the former TIG employees, Nexus had no EMC or storage practice but does so now, Geier said. "These guys were our storage group," he said. "And they used [our] information against us. Maybe they got a sale, maybe they damaged us."
Dan DeCarlo, a partner at Los Angeles law firm Lewis Brisbois Bisgaard and Smith LLP and the lead attorney working for Nexus IS, told CRN it was inaccurate to say Nexus IS had a copy of every TIG proposal.
"Nexus IS had none of the TIG proposals," DeCarlo said. "[Geier's] statement is incorrect. Evidence developed for the trial is that Nexus IS didn't have any of that material."